HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

March 12, 2001 Hearing Room E

1:00 P.M. Tapes 57 - 58

MEMBERS PRESENT: Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Randy Leonard Vice-Chair

Rep. Jeff Kruse

Rep. Patti Smith

Rep. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

MEMBER EXCUSED: Rep. Tim Knopp

STAFF PRESENT: Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

MEASURES/ISSUES HEARD:

Public Hearing

HB 3124

Informational Meeting

Oregon Department of Fish & Wildlife (ODFW)

Wild Fish Policy Presentation

Public Hearing

HB 3097

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
TAPE 57, A
012	Chair Jenson	Calls the meeting to order at 1:15 p.m. opens an informational meeting.
INFORMATIONAL MEETING
024	Ed Bowles	Fish Division Director, Oregon Department of Fish & Wildlife (ODFW). Submits (EXHIBIT A).
027	Chair Jenson	Closes the informational meeting and opens the public hearing on HB 3124.
PUBLIC HEARING – HB 3124
032	Rep. Richard Devlin	District 24. Reads prepared testimony, (EXHBIT B). Presents concerns relating to the current level of contamination.
057	Rep. Devlin	Discusses the public hearings held during the1999 session. States there is evidence of public consumption of contaminated fish.
076	Rep. Tomei	Questions the fiscal impact.
077	Rep. Devlin	Responds approximately $300,000.
101	Rep. Smith	Notes the bill states pollutants and does not specify mercury.
103	Rep. Devlin	Responds that the reference to mercury is an example
121	Rep. Smith	Questions if this is a pilot program.
124	Rep. Devlin	Responds the goal is broader communication to high risk populations.
131	Chair Jenson	Notes that there is no definition of contaminated.
139	Rep. Devlin	Responds he will provide this information.
140	Rep. Wirth	Expresses the need for adequate information to be provided to the public.
174	Rep. Devlin	Concurs. States the focus is on mercury because one in ten women have elevated levels of mercury.
205	Chair Jenson	Questions what the governor’s motivation was to not provide the funding.
211	Devlin	Responds that this would be entirely state funded with no federal match.
234	Thomas Johnson	Assistant Administrator, Environment and Health Systems, Department of Human Services. Summarizes prepared testimony (EXHIBIT C).
298	Johnson	Notes opposition to the bill because it is not in the governor’s budget.
303	Chair Jenson	Questions how the contaminants enter into the food chain.
206	Johnson	Responds that first the contaminants are in the water then deposit in the sediment and transfer to plant life and on to fish.
341	Johnson	Comments the key is there are contaminants that cause human health effects.
358	Rep. Tomei	Questions the current public notification process.
360	Johnson	Responds the advisories are published in the fishing regulations published by ODFW.
381	Rep. Tomei	Questions if the advisories are available in other languages.
382	Johnson	Responds the advisories are in Spanish, Russian, and Chinese.
393	Rep. King	Questions how many of the advisories are the result of naturally occurring mercury.
TAPE 58, A
006	Johnson	Responds that information is not available.
014	Chair Jenson	Closes public hearing on HB 3124 and opens the informational meeting.
INFORMATIONAL MEETING
018	Ed Bowles	Reads prepared testimony. (EXHIBIT A).
130	Rep. Smith	Asks where the term wild fish comes from.
132	Bowles	Responds that the wild fish/hatchery fish definitions are from the Oregon Administrative Rules.
163	Rep. Kruse	Asks when will the new rules will be available.
180	Bowles	Explains that the process is a collaborative approach between the state, tribal, and federal governments.
241	Rep. Tomei	Asks who determines where the bar is and how is the determination made.
246	Bowles	Responds it will be based on the attributes of the fish.
343	Chair Jenson	Editorializes about who can afford to have the salmon de-listed. Requests additional information on adaptive management.
360	Bowles	Responds it is the implementation of a program with an established monitoring system that evaluates the effectiveness and then is adapted.
375	Chair Jenson	Closes the informational meeting and opens the public hearing on HB 3097.
TAPE 57, B
PUBLIC HEARING – HB 3097
011	Sandy Thiele-Cirka	Administrator. Summarizes HB 3097.
028	Glen Stonebrink	Executive Director, Oregon Cattlemen’s Association. Submits (EXHIBIT D). Testifies in support of the bill and explains the intent.
094	Chair Jenson	Questions if the bill applies to all dams.
099	Stonebrink	Responds the intent is to prohibit the state from removing dams without legislative approval.
110	Rep. Lee	Questions if this applies to dams over ten feet high.
113	Stonebrink	Responds affirmatively, as currently written.
130	Pete Test	Associate Director of the Oregon Farm Bureau Federation. Testifies in support of bill’s concept.
190	Rep. Leonard	Asks for clarification about the water that is not being used.
198	Test	Responds that 90% of the water that comes into the state flows to the ocean. Discusses the potential of building storage facilities.
228	Rep. Kruse	Notes that structures ten feet or above are engineered.
252	Stonebrink	Clarifies that any reservoir less than ten feet in height is exempt unless it was built illegally.
270	Jim Welsh	Representing Oregon Family Farm Association. Testifies in support of HB 3097.
309	Rep. Tomei	Questions why it would be necessary to convene the legislature rather that have the governor make the decision.
317	Welsh	Responds the consideration would be one person versus ninety, or one branch of government versus another branch of government.
331	Stonebrink	Responds that in 1999 the discussion of dam removal involved many people. Notes the preference is because the legislature is closer to the people.
345	Paul Cleary	Director, Water Resources Department (WRD). Submits (EXHIBIT E) and testifies in opposition to HB 3097. Notes the importance of response time and public safety.
TAPE 58, B
025	Cleary	Continues discussion regarding concerns and provides examples of artificial obstructions.
065	Rep. Lee	Comments on irrigation district dams that were voluntarily removed.
076	Rep. Tomei	Requests clarification on who is consulted for voluntary dam removal.
081	Rep. Lee	Responds that in the cases referred to the Bureau of Reclamation, the District’s Board of Directors, and WRD are involved.
104	Kimberley Priestly	Representing WaterWatch. Reads prepared testimony (EXHIBIT F).
154	Chair Jenson	Questions the availability of technical expertise to the commission.
168	Priestly	Responds that the Water Resources Commission is charged with water policy and allocation in Oregon.
211	Chair Jenson	Summarizes the response issue and the intent of the bill. Closes the public hearing on HB 3097 and adjourns the meeting at 2:50 p.m.

Submitted By, Reviewed By,

Linda K. Gatto, Sandy Thiele-Cirka,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A. Wild Fish Policy, prepared testimony, Ed Bowles, 2 pp.

B. HB 3124, prepared testimony, Rep. Richard Devlin, 1 p

C. HB 3124, prepared testimony, Thomas Johnson, 2 pp.

D. HB 3097, Governor’s veto message (SB 987 1999), Glen Stonebrink, 1 p

E. HB 3097, prepared testimony, Paul Cleary, 2 pp.

F. HB 3097, prepared testimony, Kimberley Priestley, 1 p